Cyberbullying Laws: Global Reach And Their Applications

Cyberbullying is a form of bullying that occurs through electronic devices, and due to its anonymous and pervasive nature, nearly 46% of kids aged 13-17 have experienced it. While there are no federal laws that specifically target cyberbullying, most US states have amended and passed laws to address it. These laws vary from state to state, with some requiring schools to implement policies to address electronic forms of bullying, and others defining cyberbullying more broadly to include any form of electronic communication that causes harm. In addition to US laws, other countries such as the UK, Canada, Australia, India, and Ireland have also introduced legislation to combat cyberbullying and online abuse.

Cyberbullying laws in California

California has passed multiple laws to address the issues of cyberbullying and cyberstalking in the state. These laws help protect children and teenagers who fall victim to online bullying and hold cyberbullies accountable for their actions.

Cyberbullying is a relatively new form of bullying that occurs through an electronic device. Unlike traditional bullying, cyberbullying allows perpetrators to be anonymous, hide behind screens, and act at any time of the day.

According to the American Psychological Association, cyberbullying occurs when a person uses technology to demean, inflict harm, or cause pain to another person through computers, cell phones, and other electronic devices.

California does not have a law that directly addresses cyberbullying. However, actions of cyberbullying fall into California Penal Code 653.2. Any person who is found guilty of the following can be charged with a misdemeanour:

• Intentionally placing another person in reasonable fear for their safety, or the safety of their family, by means of electronic communication without their consent to cause the person unwanted physical contact, injury, or harassment.
• Electronically distributing, publishing, e-mailing, hyperlinking, or making available for downloading personal identifying information such as a digital image of the person or an electronic message of a harassing nature about another person to incite or produce unlawful action.

California defines harassment as a knowing and willful course of conduct directed at a specific person for no legitimate purpose. To a reasonable person, the harassment would be considered seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing.

Cyberbullying charges for minors in California

The cyberbullying consequences for a minor are slightly different than for an adult. If convicted, juveniles aged 17 and under will go to juvenile court. Under certain circumstances, a minor aged 16 and older could be transferred to an adult court. Juvenile courts practice more discretion and focus more on rehabilitation rather than punishment.

Where does cyberbullying happen?

According to the U.S. Department of Health and Human Services, cyberbullying occurs most often on social media platforms, online forums, chat rooms, text messages, messaging apps, and online gaming platforms.

Signs of cyberbullying

The Cyberbullying Research Center provides the following warning signs that your child could be the victim of cyberbullying:

• Unexpectedly stops using their devices
• Appears uneasy about going to school or outside
• Appears angry or depressed after using their devices
• Avoids discussions about what they’re doing online
• Shows an increase or decrease in eating
• Seems regularly depressed

Disciplinary action for students who cyberbully

Under Education Code 48900, if a student is found guilty of bullying using an electronic device, they are subject to suspension or expulsion. The student must have committed the act:

• Going to or coming from school
• During the lunch period on or off-campus
• Going to, during, or coming back from a school-sponsored activity

California Education Code

California Education Code §§ 32261, 32265, 32270, and 48900 define bullying of pupils to include bullying committed by means of an electronic act, and authorises school officials to suspend or recommend the expulsion of pupils who engage in bullying.

Cyberbullying laws in Texas

Cyberbullying is a serious issue in Texas, with far-reaching consequences for victims, including serious psychological damage, self-harm, and even suicide. In recognition of this, Texas has implemented specific laws to address cyberbullying, demonstrating its commitment to protecting its citizens, especially minors, from the harmful effects of online abuse.

Texas's Definition of Cyberbullying

Texas defines cyberbullying as using electronic communication to intimidate, harass, or humiliate another person. This can include threatening, spreading rumors, or posting derogatory comments online. Cyberbullying often involves repeated conduct and can cause severe emotional distress to its victims.

David's Law

A key piece of legislation in Texas addressing cyberbullying is David's Law, named after David Molak, a Texas teenager who tragically took his own life after enduring extreme cyberbullying. This law criminalizes cyberbullying and empowers schools to take action against bullying that occurs off school property if it interferes with a student's educational opportunities or disrupts the orderly operation of the school or school-related activities.

David's Law also allows schools to remove students engaging in bullying from the classroom and take other disciplinary measures. Additionally, it enables anonymous reporting of incidents by students, a right previously granted only to teachers, parents, and guardians.

A unique aspect of David's Law is that it gives cyberbullying victims who are minors, or their parents, the ability to seek injunctive relief, such as a temporary restraining order or an injunction, against the cyberbully. This can include the cyberbully's parents if necessary.

Other Cyberbullying Laws in Texas

In addition to David's Law, Texas has other laws in place to combat cyberbullying:

• Texas Education Code: In 2011, the Texas Education Code was amended to include cyberbullying, but it did not criminalize the act.
• Texas Penal Code Section 42.07: This section defines harassment and sets out penalties for individuals who intentionally communicate obscene proposals, threats, or false reports, or make calls or send messages designed to harass, annoy, alarm, embarrass, or torment another person.
• Texas Penal Code Section 33.07: This section addresses online impersonation, making it a crime to create a page or send messages pretending to be someone else with the intent to harm, defraud, or intimidate.
• Texas Anti-Bullying Laws and Policies: These laws and policies aim to prevent bullying in schools and protect the rights of students.

Consequences of Cyberbullying in Texas

Cyberbullying in Texas can result in both school-related and criminal penalties. Schools may impose disciplinary measures such as suspension or expulsion, as well as additional administrative punishments like banning students from participating in certain school activities.

Cyberbullying is classified as a Class B misdemeanor, punishable by up to 180 days in jail and a maximum fine of $2,000. If the defendant has a previous conviction for cyberbullying or if the victim was under 18 and the defendant intended to cause self-harm, the charge can be elevated to a Class A misdemeanor, with a maximum penalty of one year in jail and a $4,000 fine.

Resources for Victims and Prevention

Texas provides resources to help prevent cyberbullying and support victims, including the David's Legacy Foundation and StopBullying.gov. The Social Media Victims Law Center is also dedicated to advocating for victims of online abuse and helping them seek justice.

Cyberbullying laws in the UK

In the UK, there is no legal definition of cyberbullying. However, there are several existing laws that can be applied to cases of online bullying and harassment. These include the Protection from Harassment Act 1997, the Criminal Justice and Public Order Act 1994, the Malicious Communications Act 1988, and the Communications Act 2003. The Defamation Act 2013 also came into force on 1 January 2014 and can be relevant to cyberbullying cases.

The Crown Prosecution Service (CPS) guidelines, revised in 2018, explain how cases of online bullying will be assessed under the current legislation. The CPS is responsible for prosecuting criminal cases investigated by the police in England and Wales and plays a crucial role in the UK's justice system.

Cyberbullying is a form of bullying that can involve harassing, humiliating, embarrassing, or otherwise targeting a victim via the internet, social media, or mobile phone. It can take many forms, such as virtual mobbing or dog-piling, doxxing, trolling, baiting, cyber-stalking, spamming, and flaming. Victims of cyberbullying should report it to a trusted adult, their school, and their Internet Service Provider (ISP). It is important to save any evidence of cyberbullying.

Perpetrators of cyberbullying may be committing a criminal offence if their actions cause 'alarm or distress' to the victim under the Harassment Act 1997. Additionally, if the cyberbullying is considered 'grossly offensive', it may fall under the Malicious Communications Act 1988 and the Communications Act 2003. Schools have a legal duty to prevent all forms of bullying and will impose punishments such as detention, isolation, or exclusion for students found guilty of cyberbullying.

Cyberbullying laws in Canada

Cyberbullying is not explicitly criminalized in Canada's Criminal Code. However, when cyberbullying behaviour reaches the level of criminal conduct, several provisions in the Criminal Code can address this behaviour. These include:

• Criminal harassment (texts, phone calls, and/or emails that cause the other person to fear for their safety)
• Child pornography (sharing intimate photos and videos of minors under the age of 18)
• Uttering threats and extortion (threatening to share someone's personal information if they don't comply with demands)
• Assault (threats or acts of non-consensual force, violence, bodily harm, or destruction of personal property)
• Identity theft/fraud (creating a fake online profile to ruin someone's reputation)
• Defamatory libel (spreading rumours about someone)
• Mischief in relation to data
• Unauthorized use of a computer
• False messages, indecent or harassing telephone calls
• Incitement of hatred
• Public incitement of hatred
• Offence against the person and reputation
• Sharing intimate images without consent

The Criminal Code also protects against some conduct that could cause injury to the reputation of a person or expose them to hatred, contempt, or ridicule, either through publishing a libel or publishing a libel known to be false.

In addition to criminal consequences, cyberbullying can also have civil law implications in Canada. For example, victims of cyberbullying may be able to sue their bullies for defamation or invasion of privacy.

It is important to note that the interpretation and enforcement of these laws may vary depending on the specific circumstances and the province in which the cyberbullying occurs.

Cyberbullying laws in Australia

Cyberbullying is a significant legal issue in Australia, and while there is no specific cyberbullying provision in the Australian Criminal Code, there are laws in place to protect victims and punish perpetrators. The use of mobile phones, email, or social media to harass someone is illegal in Australia and can result in up to three years of jail time or a fine of over $30,000. This includes stalking, threatening, defaming, or inciting someone to harm themselves online, as well as accessing someone's account without their permission.

Australian law recognises the seriousness of cyberbullying and is taking steps to address it. For instance, the New South Wales government plans to strengthen its laws against cyberbullying by increasing the maximum prison sentence to five years.

If you are a victim of cyberbullying in Australia, it is important to report it to the local police, especially if it is causing fear or discomfort. It is also crucial to document the behaviour by taking screenshots, recording dates and times, and gathering other relevant details. Additionally, keeping open lines of communication with parents, teachers, or trusted adults can help address the situation effectively.

While there is no single cyberbullying law in Australia, the country has a legal framework to address this issue and protect those affected by it.

Frequently asked questions